Part of your family legacy takes place on the lake. Lake homes are significant investments. You have memories of family trips, of children, and maybe even grandchildren, growing up at the home. Preserving the lake home and...more

In re Estate of Fournier, 902 A.2d 852 (Me. 2006) illustrates how a fundamental conversion of the trust relationship by legislation or otherwise into a juristic entity/person might well limit the trust’s practical...more

issued on the second-to-last decision day of the term, and provides that same-sex couples have had a constitutional right to marry since at least the passage of the Fourteenth Amendment. This ruling may come as a surprise to...more

In Obergefell v. Hodges, the United States Supreme Court, in a 5-4 opinion, determined that prohibitions on same-sex marriage are an unconstitutional infringement of Fourteenth Amendment rights. This decision throws the doors...more

In recent years, reformers of trust law have been hard at work defanging the plain meaning rule, primarily by liberalizing the doctrines of reformation and deviation. The rule is discussed generally in §8.15.6 of Loring and...more

With the U.S. Supreme Court poised to hear the case that could decide the fate of same-sex marriage bans once and for all, legal ground in that area is now uncertain territory. Currently, however, Kentucky does not recognize...more

The CFPB issued an interpretive rule to clarify that when a borrower dies, the name of the borrower’s heir generally may be added to the mortgage without triggering the Bureau’s Ability-to-Repay rule. This clarification will...more

Often times, one partner in a same-sex couple owns real property and seeks to add the other partner to the title or deed for no consideration (i.e. when no money or other type of payment is received in return). Though this...more

Increasingly, several generations of American families are living together. According to a Pew Research Center analysis of U.S. Census data, more than 50 million Americans, or almost 17 percent of the population, live in...more

In today’s world, fewer marriages exist and more people are cohabitating in committed relationships for various reasons.
Arizona’s community property laws do not apply to the ownership of real property between...more

A recent case, the Estate of Wilson, 2012 WL 6216869 (1st Dist. 2012), illustrates generally why escrow holders should avoid giving advice to parties to an escrow on how to take title to real property...more

Attorney James R. Andrews II is the host of Legal Sense with James Andrews. James was born in East Orange, New Jersey. He graduated from high school in Whippany, New Jersey and then attended the University of Virginia where...more

When someone talks about price it’s the best BUYING Signal you can ask for.
Evenif it is a price objection, the prospect has made that mental leap and thought about owning what you have to sell.
The request for the...more

If you are like most people who are getting divorced, or who have just gone through divorce, you no longer want your ex-spouse to be the beneficiary of your estate or to put your child(ren)in a position to be disinherited if...more

Lots of things, obviously! In context of tax and business, a number of specific items (not exhaustive), including:
a. Creditor protection via the special protections afforded by property held jointly as tenants by the...more

Welcome to our Winter Newsletter.
In this edition, we report on why people are starting to record their internet and computer passwords in their wills.
A woman injured while having her hair coloured in a salon is...more

IN THIS ISSUE:
- IRS issues Notice 2011-76 Modifying Filing Due Date for Form 8939 and Automatic Extension Rule for Form 706 for Decedents Dying in 2010
- September Interest Rates for GRATs, Sales to Defective...more

A good part of the American dream and the largest single asset many people own is their home.
Whether shelter or showpiece, the sanctuary it provides and the investment we make in our homes is among the largest in the...more

Welcome to our autumn newsletter.
In this edition, we are pleased to tell you about how Turbervilles has been awarded the Law Society’s prestigious Conveyancing Quality Mark, meaning that the high standards of our...more

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